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  • Disestablishing Paternity in Florida

    Posted By Owenby Law, P.A. || 22-Jan-2018

    It can be an unfortunate series of events that leads parents to seek a way to disestablish paternity, but it can happen. If an unmarried couple has a child, the child’s paternity will need to be established at birth, either voluntarily or through genetic testing. Once paternity is established, the father has an obligation to support and provide for the child. If the father decides to stop ...
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  • Florida's Determination of Parentage Bill

    Posted By Owenby Law, P.A. || 12-Jan-2018

    Florida’s Senate approved SB 1022 two days ago on January 10, 2018 by a vote of 10 to 0. The bill authorizes a child, a child’s mother, or a child’s alleged parent to file a petition in circuit court to rebut the presumption of legal parentage. For instance, in a case where a father doubts his paternity of a child, rather than being told by a court of family law he needs to pay ...
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  • How Does an Annulment Work?

    Posted By Owenby Law, P.A. || 3-Jan-2018

    An annulled marriage is somewhat rare in today's society, but it can be sought by spouses if the required legal grounds for annulment are present. The theory behind getting an annulment instead of a divorce, is that the marriage was never valid to begin with. Marriages that have been annulled are classified as "void" or "voidable," and are sometimes called ...
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  • Amicable Divorce - Why You Still Need an Attorney

    Posted By Owenby Law, P.A. || 2-Nov-2017

    An amicable divorce is an ideal scenario. Both you and your spouse agree to end the marriage, and calmly talk through the issues to reach a legal conclusion. If you and your spouse are on good terms, and the case is uncontested, it may be tempting to avoid hiring a lawyer. However, this is a mistake. An Attorney Can Help You Understand Your Rights State and local divorce laws may be difficult to ...
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  • Can Probate be Avoided?

    Posted By Owenby Law, P.A. || 29-Sep-2017

    Planning your estate earlier in life can save you a substantial amount of time and money. Most of us don’t even want to think about death, however, planning out what will happen to your possessions after your gone will benefit your heirs and ensure that your assets are transferred according to your final wishes. However, having a will is not enough to avoid probate. When you pass away, all ...
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  • Are Holographic Wills Valid in Florida?

    Posted By Owenby Law, P.A. || 18-Sep-2017

    A hand written and unwitnessed will is called a “holographic” will. Although holographic wills are valid in many states across the country, they are not valid in Florida. A handwritten will is valid in Florida only if it has been properly signed and witnessed. In this blog, we explain what you need to make a valid will in the state of Florida. Valid Will Requirements The most commonly ...
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  • What Are Your Rights as a Grandparent?

    Posted By Owenby Law, P.A. || 10-Aug-2017

    Each state has different laws regarding grandparent rights, and Florida has some of the toughest in the nation. Whether a judge grants visitation or custody rights depends on the circumstances of your unique case. These are your rights as a grandparent in Florida. Visitation Rights Visitation rights, against a parent’s wishes, are only granted in extremely limited circumstances. When a ...
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  • What Should I Do If My Ex Won't Pay Child Support?

    Posted By Owenby Law, P.A. || 30-Jun-2017

    For many parents, child support payments serve as an essential income to supply food, clothes, transportation, and other necessities for their children. In the event that your ex refuses to pay court-ordered child support, you have a right to take legal action in order to secure those necessary funds for your child. The Child Support Enforcement Act of 1984 provides the court with the necessary ...
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  • What Should You Do If You're Falsely Accused of Domestic Violence?

    Posted By Owenby Law, P.A. || 26-May-2017

    Facing false accusations can be both frustrating and daunting, especially when those accusations are for violent crimes like domestic violence. If you are accused of domestic violence, you could face serious penalties and other consequences that could follow you around for the rest of your life. Even the accusation alone can be enough to harm your reputation and cause undue stress in both your ...
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  • Why is it Necessary to Establish Paternity?

    Posted By Owenby Law, P.A. || 29-Mar-2017

    One of the questions we hear frequently as Jacksonville family law attorneys is whether it is absolutely necessary to establish paternity of a child born to unwed parents. Some parents are hesitant to undergo paternity testing out of fear: fear of changes to their relationship, fear of the long-term consequences of knowing the truth, and more. However, from a legal standpoint, establishing ...
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  • Divorce May be Seasonal, Research Shows

    Posted By Owenby Law, P.A. || 27-Mar-2017

    Spring is here and for many that means a start to a new season, college basketball, and better weather on the way. According to a recent study from the University of Washington, it may also mean a time for divorce. That’s because researchers found significant peaks in divorce filings at two points during the year: March and August. According to the study, which analyzed nearly 15 years of ...
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  • 5 Ways to Lower the Cost of Divorce After the Holidays

    Posted By Owenby Law, P.A. || 25-Jan-2017

    According to studies by the University of Washington, most divorces come after the winter holidays. For many people who are dissatisfied with their marriages and not sure what to do, the holidays are an opportunity to perhaps turn things around. If it doesn’t happen, however, unhappy spouses may feel ready to call it quits once the season ends. Unfortunately, the holidays are often ...
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  • Is a Separation Agreement the Right Choice for You?

    Posted By Owenby Law, P.A. || 19-Jan-2017

    If you are not entirely committed to the idea of filing for divorce, perhaps a sufficient alternative is to obtain a separation agreement. Being legally separated means spouses can live apart while retaining their marital status – either for retaining health care or military benefits, tax purposes, or religious beliefs. How Does the State of Florida Handle Separations? While Florida does not ...
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  • Will Legal Counsel Be Allowed to Access Our Public Data Assistants (AKA Cell Phones)?

    Posted By Owenby Law, P.A. || 16-Dec-2016

    The content within our Public Data Assistants, also known as our cell phones, have become a more prominent part of legal litigation as social networking continues to grow and as humans continue to grow more reliant on cellular devices as means of information, entertainment, and communication. Research now suggests that the use of cellular wireless devices may be just as important as the various ...
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  • 3 Steps to Surviving the Holidays While Initiating Divorce

    Posted By Owenby Law, P.A. || 13-Dec-2016

    Divorce can occur as the result of extramarital affairs, emotional abuse, irreconcilable disagreements, and various other reasons. Regardless of what the reasons may be, divorce can be emotionally taxing, especially during the holiday season. Because our Jacksonville divorce lawyers would like you and your family to enjoy the holiday season as much as possible, we have provided three steps to ...
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  • Homeschooling and Issues Regarding Shared Parental Responsibility in Florida

    Posted By Owenby Law, P.A. || 7-Nov-2016

    Every year, more Floridians choose home education as opposed to public education. In fact, more than 75,000 students in Florida are currently home-schooled. As a result, Florida has earned a reputation as one of the friendliest places for homeschooled students. Of course, the decision to homeschool a child goes considered much more than pedagogy; it extends to the consideration of lifestyle ...
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  • How Florida Guardianship Laws Have Changed Over the Past Three Years

    Posted By Owenby Law, P.A. || 20-Sep-2016

    Florida guardianship laws have changed a lot in recent years. In the past three years, they have evolved to incorporate stricter requirements for individuals to become guardians. Below are some examples of how these guardianship laws have developed: 2014 In June of 2014, Governor Rick Scott signed House Bill 635. This revised the guardianship statutes of Florida to provide increased security for ...
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  • Joy Owenby Receives 10 Best Client Satisfaction Award From American Institute of Family Law Attorneys

    Posted By Owenby Law, P.A. || 16-Aug-2016

    Owenby Law, P.A. is pleased to announce that our founding attorney Joy Owenby has received the 2016 10 Best Client Satisfaction Award from the American Institute of Family Law Attorneys! This is a significant achievement that speaks volumes about her commitment to the needs of clients and her continued passion for making real differences in the lives of men and women facing a wide range of ...
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  • Owenby Law, P.A. Opens New Office Location in St. Augustine, Florida

    Posted By Owenby Law, P.A. || 4-Aug-2016

    Our legal team at Owenby Law, P.A. is pleased to announce that we have opened a new office location in St. Augustine, Florida. At this location, we will provide all of our services to the residents of our city and other cities throughout St. Johns County. Because we are dedicated to serving our clients with highly experienced representation, we will continue to handle cases pertaining to the ...
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  • Redirecting Child Support Payments to a Third Party

    Posted By Owenby Law, P.A. || 1-Jun-2016

    Child custody and support are two of the most important, and often contentious, decisions that are made in a divorce. Keeping the best interests of the child in mind, Florida judges take into account a number of factors when making a decision about which parent a child should live with. However, what if neither parent can provide the necessary level of physical and financial care for their child? ...
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  • Gov. Rick Scott Vetoes Custody & Alimony Reform Bill

    Posted By Owenby Law, P.A. || 18-Apr-2016

    Florida Governor Rick Scott recently vetoed a controversial alimony reform bill (SB 668) after claiming that the legislation could potentially end up prioritizing the wants of parents over the best interests of children. The Bill passed the Senate 24-14 and later cleared the House on a 74-38 vote before being struck down on April 15, 2016. The Bill proposed the following main changes: Children ...
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  • Financial Responsibility for a Child's Uncovered Medical Expenses After Divorce

    Posted By Owenby Law, P.A. || 4-Apr-2016

    Which parent is responsible for paying uncovered medical expenses for a minor child after a divorce ? Generally, parents split the responsibility, though the percentage of each parent’s responsibility varies from case to case depending on each parties’ financial responsibility for child support. As an example, a recent case in the Florida First District Court of Appeal involved a woman ...
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  • Florida's 2016 Alimony Reform

    Posted By Owenby Law, P.A. || 15-Mar-2016

    House Bill 455 seeks to overhaul and streamline Florida’s alimony rules. It is the Legislator's third attempt in recent years to revamp Florida’s alimony law. The new law seeks to end permanent alimony by limiting judges’ decision-making power in awarding spousal support by providing a predetermined formula for the amount of alimony a spouse can receive and for what duration. ...
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  • Case is Remanded Due to Insufficient Reasons for a Modified Alimony

    Posted By Owenby Law, P.A. || 15-Feb-2016

    Recently, a case involving a modified alimony has been remanded. The former husband challenged a final order, which modified an alimony to an increased amount. He states that the trial court did not supply sufficient reasons for the modified alimony amount that is to be awarded to his ex-wife. Currently, there is no explanation for the increased amount, and it is not apparent as to how the trial ...
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  • Why is Divorce So Common in January?

    Posted By Owenby Law, P.A. || 5-Jan-2016

    According to a variety of sources, January is referred to as the “Divorce Month.” Researchers state that during the first month of the year, the number of divorce filings exceeds the normal rate. But why is filing for divorce so popular during the month of January? Our Jacksonville divorce attorney list some of the most common reasons: 1. The Holidays Have Come to an End. Many couples ...
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